[Congressional Record Volume 154, Number 97 (Thursday, June 12, 2008)]
[Senate]
[Pages S5626-S5627]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KYL:
  S. 3128. A bill to direct the Secretary of the Interior to provide a 
loan to the White Mountain Apache Tribe for use in planning, 
engineering, and designing a certain water system project; to the 
Committee on Indian Affairs.
  Mr. KYL. Mr. President, today I am pleased to introduce the White 
Mountain Apache Tribe Rural Water System Loan Authorization Act. This 
legislation would authorize a Federal loan to the White Mountain Apache 
Tribe for the planning, engineering, and design of a dam and reservoir, 
which will be used to provide drinking water to the tribe.
  The White Mountain Apache Tribe, which is located on the Fort Apache 
Indian Reservation in eastern Arizona, has approximately 15,000 
members. The majority of the reservation's residents are currently 
served by a relative small well field. According to the tribe, well 
production has significantly decreased over the last few years, leading 
to summer drinking water shortages.
  A small rural development funded diversion project on the North Fork 
of the White River on the tribe's reservation is planned for 
construction this year. The tribe indicates that when the project is 
completed it will replace most of the lost production from the existing 
well field, but will not produce enough water to meet the demand of the 
tribe's growing population. Consequently, in order to meet the basic 
drinking water needs of the tribe, a longer-term solution is needed. 
The most likely and best solution is a relatively small dam and 
reservoir located on the tribe's reservation--the Miner Flat Dam.
  The legislation I am introducing today would authorize the Secretary 
of the Interior to provide a Federal loan to the tribe for the 
planning, engineering, and design of the Miner Flat Dam. A portion of 
the funds set aside in the Arizona Water Settlements Act for future 
Arizona Indian water settlements would be used to repay the loan. 
Although Congress specifically set aside money in the Arizona Water 
Settlements Act for this purpose, the money will not be available until 
2013. If the tribe were to wait until then to access these funds, the 
cost of Miner Flat Dam would increase $5 million to $7 million a year. 
Therefore, providing a loan to the tribe to expedite the planning of 
the dam would ultimately decrease the project's costs.
  Any Federal funding for the actual construction of the project would 
be conditioned on the settlement of the tribe's water rights claims, 
which would have to be confirmed by Congress. The tribe is in the 
process of settling its water claims in the State of Arizona, and it is 
my understanding that the parties involved in negotiating the tribe's 
water claims will likely reach a settlement with the tribe this summer. 
Once the parties reach an agreement, I intend to introduce legislation 
confirming their settlement.
  The legislation I am introducing today would bring the tribe one step 
closer to having a reliable source of drinking water. Consequently, I 
urge my colleagues to support this legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
placed in the Record, as follows:

                                S. 3128

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``White Mountain Apache Tribe 
     Rural Water System Loan Authorization Act''.

     SEC. 2. DEFINITIONS.

       (a) Miner Flat Project.--The term ``Miner Flat Project'' 
     means the White Mountain Apache Rural Water System, comprised 
     of the Miner Flat Dam and associated domestic water supply 
     components, as described in the project extension report 
     dated February 2007.
       (b) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Commissioner of 
     Reclamation (or any other designee of the Secretary).
       (c) Tribe.--The term ``Tribe'' means the White Mountain 
     Apache Tribe, a federally recognized Indian tribe organized 
     pursuant to section 16 of the Indian Reorganization Act of 
     1934 (25 U.S.C. 476 et seq.).

     SEC. 3. MINER FLAT PROJECT LOAN.

       (a) Loan.--Subject to the condition that the Tribe and the 
     Secretary have executed a cooperative agreement under section 
     4(a), not later than 90 days after the date of enactment of 
     this Act, the Secretary shall provide to the Tribe a loan in 
     an amount equal to $9,800,000, adjusted, as appropriate, 
     based on ordinary fluctuations in engineering cost indices 
     applicable to the Miner Flat Project during the period 
     beginning on October 1, 2007, and ending on the date on which 
     the loan is provided, as determined by the Secretary, to 
     carry out planning, engineering, and design of the Miner Flat 
     Project in accordance with section 4.
       (b) Terms and Conditions of Loan.--
       (1) Interest; term.--The loan provided under subsection (a) 
     shall--
       (A) be at a rate of interest of 0 percent; and
       (B) be repaid over a term of 10 years, beginning on January 
     1, 2013.
       (2) Funds for repayment.--
       (A) In general.--For each of fiscal years 2013 and 2014, in 
     lieu of direct repayment by the Tribe of the loan provided 
     under subsection (a), the amount described in subparagraph 
     (B) shall be credited toward repayment of the loan.
       (B) Description of amount.--The amount referred to in 
     subparagraph (A) is a portion of the funds in the Lower 
     Colorado River Development Fund pursuant to section 
     403(f)(2)(D)(vi) of the Colorado River Basin Project Act (43 
     U.S.C. 1543(f)(2)(D)(vi)) equal to--
       (i) for fiscal year 2013, 50 percent of the outstanding 
     balance of the loan under subsection (a) as of October 1, 
     2012; and
       (ii) for fiscal year 2014, the remaining balance of the 
     loan as of October 1, 2013.

[[Page S5627]]

       (c) Administration.--Subject to section 4, the Secretary 
     shall administer the planning, engineering, and design of the 
     Miner Flat Project.

     SEC. 4. PLANNING, ENGINEERING, AND DESIGN.

       (a) Cooperative Agreement.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall offer to enter 
     into a cooperative agreement with the Tribe for the planning, 
     engineering, and design of the Miner Flat Project in 
     accordance with this Act.
       (2) Mandatory provisions.--A cooperative agreement under 
     paragraph (1) shall specify, in a manner that is acceptable 
     to the Secretary and the Tribe, the rights, responsibilities, 
     and liabilities of each party to the agreement.
       (b) Applicability of Indian Self-Determination and 
     Education Assistance Act.--Each activity for the planning, 
     engineering, or design, of the Miner Flat Project shall be 
     subject to the requirements of the Indian Self-Determination 
     and Education Assistance Act (25 U.S.C. 450 et seq.).

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.
                                 ______